When can wrongful termination occur under an employment contract?

Posted By
Mazaheri Law Firm

This blog has previously discussed the at-will employment doctrine in Oklahoma,
and what that sometimes means for suits involving wrongful termination.
To review, the at-will doctrine presumes that, absent evidence to the
contrary, employers and employees intend for any employment to be for
an indefinite length of time, and that either party can terminate the
relationship for any or no reason (with the exception of reasons that
are considered illegal discrimination under state or federal law.) But
what if there is evidence that the parties contracted for employment to
last a certain length of time, or that discharge be allowed only under
certain conditions? Then cases get into the complex area of employment
contract law.

According to the
American Bar Association, there are a few steps needed to assess cases involving potential employment
contracts. These include whether a contract was formed at all and, if
so, what its terms happen to be, whether the parties had a duty to perform
under the contract and if there are any defenses to its enforcement, whether
a breach occurred and what remedies are appropriate if a breach did, in
fact, happen. It is important to note that the ABA is a national association
of lawyers and state laws will vary on this and other topics.

Sometimes these questions can be answered comparatively easily. For example,
if there is a written document that claims to be a contract for employment
that is signed by both parties, there is a very good chance a contract
may have been formed. However, there are sometimes cases when an employer's
promise is less formalized, for instance if a promise was made during
an interview, or is contained in an employee handbook. Sometimes, in these
cases, it could be argued that a contract has been formed even in the
absence of a formal document.

While it is beyond the scope of this entry to get into all the potential
specifics required to prosecute a wrongful termination case for breach
of contract, suffice to say it can get fairly complicated. Because most
employment in Oklahoma is considered at-will, such issues may or may not
pertain to any individual's situation. If you have questions, as either
an employer or an employee, about whether a contract has been formed in
your case, you may wish to consider consulting an experienced Oklahoma
employment lawyer.